Cases: Probate

Probate: Attorney Fees And Costs Awarded Under § 17211(b) Against Trustee, Who Opposed Petition For An Accounting, Affirmed On Appeal – Along With Denial Of Trustee’s Request For Fees Under § 15684

Cases: Probate

Trustee’s Opposition To Remainder Beneficiaries’ Petition For An Accounting Was Without Reasonable Cause And Was In Bad Faith.             Trust beneficiaries normally – even if they prevail – pay their own attorney fees when challenging a trustee’s conduct.  However, as the saying goes, there is an exception to every rule. Pursuant to Prob. Code § […]

Appeal Sanctions, Probate: 4/1 DCA Grants Brothers’ Request For $25,087.91 In Appeal Sanctions Against Sisters And Orders Sisters To Pay Additional $8,500 Sanction To The Clerk Of The Court

Cases: Appeal Sanctions, Cases: Probate

Sisters Were Previously Found To Be “Vexatious Litigants” Under Code Civ. Proc. § 391(b), Forfeited Claims On Appeal By Failing To Raise Them In The Trial Court And Failing To Follow Appellate Procedures, And Sought To Relitigate Claims Previously Decided By The Appellate Panel.             Family members were involved in disputes over their deceased mother’s

Family Law, Probate, Sanctions: Lower Court Properly Sanctioned Putative Spouse’s Attorney $3,617.50 Under CCP § 128.7 For Filing A Frivolous Putative Spouse Petition

Cases: Family Law, Cases: Probate, Cases: Sanctions

Putative Spouse Failed To Show She Had A Legal Marriage With The Respondent Under Indian Law, Based On A Res Judicata Finding In A Prior Conservatorship Petition Proceeding.             The problem for putative spouse and her attorney in Nijjar v. Nijjar, Case No. F078265 (5th Dist. June 10, 2021) (unpublished) is that they earlier lost

Probate: Trustee Removal Petition Fee Request Properly Denied And Beneficiary’s Fee Request Correctly Denied Given Accounting Was Rejected For Future Determination

Cases: Probate

Trustee Removal Petition Fees Are Discretionary In Nature.             In Albrecht v. Albrecht, Case No. B306601 (2d Dist., Div. 4 June 7, 2021; posted June 8, 2021) (unpublished), successor trustee appealed a probate court’s order declining to award fees for an opposing side’s demurrer to a petition to remove the trustee.  Beneficiary moved for fees

Probate: Trust Income Beneficiary Losing Fiduciary Breach Petition Against Trustees Properly Had To Bear Trustees’ Costs Under Probate Code Section 1002

Cases: Probate

Costs Award Was Not Under General Equitable Powers, But Section 1002—Which Has No Bad Faith Requirement.             In McClatchy v. Pruitt, Case No. A160367 (1st Dist., Div. 5 May 4, 2021) (unpublished), trust income beneficiary lost a fiduciary duty petition against certain current and former trustees, with the lower court awarding trustees some litigation costs

Family Law, Probate: Husband Of Spendthrift Trust’s Beneficiary, Successfully Joining Trustee To Dissolution Proceeding, Potentially Entitled To Needs-Based Fees Even If No Bad Faith Demonstrated Against Trustee

Cases: Family Law, Cases: Probate

Collision Between Family Law And Probate Principles Came Out In Favor Of Section 2030.             In Marriage of Wendt and Pullen, Case No. C084083 (3d Dist. Apr. 28, 2021) (published), the Third District encountered the intersection of Family Code section 2030’s need-based fees award statute with Probate Code/spendthrift provisions relating to trust administration practices (including

Liens for Attorney Fees, Probate: 4/3 DCA Affirms Probate Court’s Denial Of Fee Petition By Attorney Who Represented Client In Civil Litigation Prior To Client’s Death

Cases: Liens for Attorney Fees, Cases: Probate

Client’s Death Did Not Transform Completed Civil Litigation Into A Probate Administration Task For Which The Probate Court Could Award Fees, Nor Did Client’s Death Waive Requirement That Attorney’s Charging Lien Had To Be Adjudicated.             In Belcher v. Bakkers, Case No. G058893 (4th Dist., Div. 3 April 5, 2021) (unpublished), attorney seeking payment

Probate: Reversal Of $12,584 In Prob. Code § 2640.1 Attorney Fee Award To Two Adult Children Who Petitioned To Establish A Conservatorship For Their Mother

Cases: Probate

No Conservator Was Ever Appointed, And Mother Never Became A Conservatee, As The Parties Settled The Litigation Without Need For A Conservatorship.             In Conservatorship of Brokken, Case No. B303898 (2d Dist., Div. 6 March 15, 2021) (published), two adult children petitioned to establish a conservatorship for their mother – over her vigorous objections

Probate: Denial Of Probate Code Section 2642(b) Fees To Attorney Representing Minor’s Guardians Reversed And Remanded

Cases: Probate

The Reason Was That The Record Did Not Show Whether The Services Benefited Minor Also And Whether They Were Reasonable In Nature.             In Guardianship of Soto, Case No. C078801 (3d Dist. March 9, 2021) (unpublished), attorney for minor’s guardians were awarded two rounds of attorney’s fees under Probate Code section 2642(b), which provides that

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